Settle the adoption of Vietnamese children by foreign people having residence in Vietnam

20/08/2018

The order of execution

 

- A foreigner permanently residing in Vietnam submits his / her application and the adoptee at PAA (No. 5, Nguyen Trai Street, Lien Bao Ward, Vinh Yen City, Vinh Phuc Province.

- The Department of Justice inspects the dossier, take opinions of relevant persons;

- The Department of Justice submits to the People's Committee of Vinh Phuc province for consideration and decision;

- The People's Committee of Vinh Phuc province issues a decision on the adoption of Vietnamese children by foreigners;

- The Department of Justice shall register the adoption according to the law provisions on civil status registration and organize the child adoption ceremony at the office of the Department of Justice.

- In case of refusal, the Department of Justice shall reply in writing, clearly stating the reasons therefor.

Implementation method

Directly at PAA

Composition, number of records

 

 

Profile of adopter:

- Application for adoption;

- A copy of the passport, identity card or substitute paper;

- Judicial record card;

- A written confirmation of the marital status;

- Health certificate issued by a district or higher level health service;

- A document confirming the family status, housing status and economic conditions issued by the People's Committee at the place of permanent adoption.

 

Profile of person to be adopted:

- Birth certificate;

- A health certificate issued by a district or higher level health authority;

- Two full-body pictures, straight look no more than 06 months;

- A written certification issued by the commune-level People's Committee or police office of the place where the abandoned child is found for the abandoned child; Death certificate of the natural father or mother or decision of the court declaring the natural father or mother of the child dead for the orphan; The decision of the court declaring the biological father or mother of the person introduced for adoption missing for the person recommended for adoption by the natural father or mother missing; The decision of the court declaring the biological father or mother of the person introduced for adoption lost civil act capacity for the person recommended for adoption by the father or mother for loss of capacity for civil acts;

- The decision on receiving children at nurturing establishments.

Number of records: 01 set.

Period of settlement

 

- The Justice Department shall examine the dossier and collect comments: 20 days after receiving complete and valid dossiers;

- The decision of the provincial People's Committee: 15 days from the date of receiving the file submitted by the Department of Justice.

Agency of administrative procedure

The Department of Justice

Objects of administrative procedure

Individual

 

Result of settling administrative procedure

Decision on Vietnamese children for adoption oversea

Fee, charge

4,500,000 Vietnam dong

Form, form of declaration

 

- The application for adoption (Form TP / CN-2014 / CN.02);

- The declaration on the family of the person adopting children, form TP / CN-2011 / CN.06

Requirements, conditions for carrying out procedures

 

 

Adopters must meet the following conditions:

- Having full civil act capacity;

- Older than adopted children 20 years or over - not applicable to cases that stepfather, stepmother adopt stepchild, aunt, uncle or aunt adopt their grandchild

- Having conditions on health, economy and accommodation to ensure the care, nurture and education of adopted children - Not applicable to cases that stepfather, stepmother adopt stepchild, aunt, uncle or aunt adopt their grandchild;

- Have good moral character.

 

People who can not adopt

- Have restrictions on the rights of father and / or mother towards their minor children;

- Execute decisions on administration at educational establishments or medical establishments;

- Have imprisonment sentence;

- Still have their criminal records on one of the offenses of intentionally infringing upon the life, health, dignity or honor of another; Ill-treat or persecute grandparents, parents, spouses, children, grandchildren or fosterers; enticing, coercing or harboring juveniles in violation of law; buying, selling, exchanging, appropriating children.

 

Children to be adopted must meet the following conditions:

+ Being children under the age of 16; being a child aged between full 16 and under 18, if the child is adopted by his / her stepfather, stepmother, aunt, uncle, aunt or uncle.

+ A person may only be adopted by a single person or by both husband and wife.

Legal basis of the administrative procedure

 

- Adoption law 2010;

- Decree No. 19/2011 / ND-CP on 21 March 2011 of the Government detailing some articles of Adoption Law;

- Circular No. 12/2011 / TT-BTP on June 27, 2011 of the Ministry of Justice promulgating and guiding the recording, archival and use of child adoption forms.

    - Circular No. 24/2014 / TT-BTP on December 29, 2014 of the Ministry of Justice amending and supplementing a number of articles of Circular No. 12/2011 / TT-BTP on 27 June 2011 of the Ministry of Justice promulgating and guiding the recording, archival and use of adoption forms.

- Decree No. 114/2016 / ND-CP on 08/7/2016 of the Government stipulating the fee for registration of child adoption and fee for granting operation license of foreign child adoption organization.

- The Finance Ministry's Circular No. 267/2016 / TT-BTC of November 14, 2016, guiding the estimation, management, use and settlement of state budget funds for child adoption; Issue, extend, modify the operation license of the foreign child adoption organization in Vietnam.

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